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3, 1996
SUBJECT
:
Clarification
on
the
provision
of
the
third
paragraph
of
Section
142(d)
of
the
National
Internal
Revenue
Code
(NIRC),
as
amended,
by
Republic
Act
No.
7654
that
"The
twenty
percent
(20%)
mark-‐up
and
the
minimum
taxes
provided
in
this
Section
shall
be
automatically
increased
in
1996
by
ten
percent
(10%)".
Constructive
manufacturer's
or
importer's
wholesale
price
or
the
tax
base
used
in
computing
the
excise
tax
for
cigars
and
cigarettes
is
defined
as
the
price,
including
the
amount
of
excise
tax
imposed
under
Section
142,
Chapter
4,
Title
VI,
and
the
amount
of
the
value
added
tax
imposed
under
Title
VI,
both
of
the
NIRC,
at
which
locally
manufactured
or
imported
cigars
and
cigarettes
are
offered
for
sale
to
the
wholesalers
or
distributors
as
fixed
by
the
manufacturer
or
importer
and
registered
with
the
Bureau
of
Internal
Revenue
plus
a
mark-‐up
of
twenty
percent
(20%)
of
such
price.
Pursuant
to
Section
2(2.1)
of
Revenue
Regulations
No.
1-‐94
implementing
Sec.
142
of
the
NIRC
as
amended
by
R.A.
No.
7654,
the
twenty
percent
(20%)
mark-‐up
and
the
minimum
taxes
prescribed
in
the
said
Sec.
142
shall
be
increased
automatically
in
1996
by
ten
percent
(10%).
Under
Section
3
of
Revenue
Regulations
No.
1-‐94,
the
respective
minimum
taxes
on
cigars
and
cigarettes
are
as
follows:
(a)
Cigars
—
There
shall
be
levied,
assessed
and
collected
on
cigars
a
tax
of
ten
percent
(10%)
of
the
constructive
manufacturer's
or
importer's
wholesale
price
or
the
actual
manufacturer's
or
importer's
wholesale
price,
whichever
is
higher.
(b)
Cigarettes
packed
by
hand
—
There
shall
be
levied,
assessed
and
collected
on
cigarettes
packed
by
hand
a
tax
of
fifteen
percent
(15%)
of
the
constructive
manufacturer's
wholesale
price
or
the
actual
manufacturer's
wholesale
price,
whichever
is
higher.
(c)
Cigarettes
packed
by
machine
—
There
shall
be
levied,
assessed,
collected
on
cigarettes
packed
by
machine
a
tax
at
the
rates
prescribed
below
based
on
the
constructive
manufacturer's
wholesale
price
or
the
actual
manufacturer's
wholesale
price,
whichever
is
higher.
(1)
On
locally
manufactured
cigarettes
which
are
currently
classified
and
taxed
at
fifty
five
percent
(55%)
or
the
exportation
of
which
is
not
authorized
by
contract
or
otherwise,
fifty
five
percent
(55%)
provided
that
the
minimum
tax
shall
not
be
less
than
Five
pesos
(P5.00)
per
pack.
(2)
On
other
locally
manufactured
cigarettes,
forty
five
percent
(45%)
provided
that
the
minimum
tax
shall
not
be
less
than
Three
pesos
(P3.00)
per
pack.
Accordingly,
effective
January
01,
1996,
the
twenty
percent
(20%)
mark-‐up
and
the
minimum
taxes
for
cigars
and
cigarettes
shall
be
automatically
increased
by
ten
percent
(10%)
as
illustrated
below:
====
2.
On
locally
manufactured
cigarettes
which
are
currently
classified
and
taxed
at
fifty-‐five
percent
(55%)
or
the
exportation
of
which
is
not
authorized
by
contract
or
otherwise
the
minimum
tax
shall
be
P5.50
per
pack
—
====
3. For other locally manufactured cigarettes, the minimum tax shall be P3.30 per pack.
=====
4.
For
imported
cigarettes
currently
taxed
at
55%
of
the
constructive
importer's
wholesale
price
or
the
actual
importer's
wholesale
price
where
there
is
no
minimum
floor
tax,
the
tax
shall
be
based
on
constructive
wholesale
price
or
actual
importer's
wholesale
price
+
22%
mark-‐up
x
55%
rate
of
AD
VALOREM
TAX,
whichever
is
higher.
———— ————
———— —————
======= ========
On
imported
cigarettes.
—
The
ad
valorem
tax
shall
be
computed
based
on
the
constructive
importer's
wholesale
price
or
the
actual
importer's
wholesale
price,
whichever
is
higher.
No
floor
tax
is
considered
in
the
computation
of
excise
tax
pertaining
to
imported
cigarettes.
ILLUSTRATION:
"Y
CORPORATION",
a
domestic
corporation,
is
a
duly
BIR-‐registered
importer
of
"ABC
CIGARETTES".
Its
BIR-‐registered
wholesale
price
for
the
said
imported
brand
of
cigarettes
is
at
P25.00
per
pack.
Compute
the
ad
valorem
tax
due
if
Y
CORPORATION
imported
20
cases
of
"ABC
CIGARETTES",
each
case
containing
fifty
(50)
cartons
of
ten
(10)
packs
per
carton.
At
the
time
of
importation,
Y
CORPORATION'S
actual
wholesale
price
is
P29.00
per
pack.
COMPUTATIONS:
—————— —————
In
this
case,
the
constructive
wholesale
price
of
P30.50
per
pack
shall
be
taken
because
it
is
higher
in
amount
compared
with
the
actual
wholesale
price
of
only
P29.00
per
pack.
———
———
====== =====
In
this
case,
since
applying
the
tax
rate
on
the
manufacturer's
constructive
wholesale
price
of
P12.20
per
pack
results
in
a
higher
tax
take
the
determination
of
the
ad
valorem
tax
for
one
case
of
cigars/cigarettes
to
be
removed
from
factory
premises
shall
be
based
on
the
constructive
wholesale
price.
50 cartons multiplied by 10 packs per carton 500 packs 500 packs
P12.20/pack 6,100.00
=======
========
Compute
the
amount
of
excise
tax
due
on
one
(1)
case
of
"YYY
Cigarettes"
containing
fifty
(50)
cartons
of
ten
(10)
packs
per
carton.
These
are
locally
manufactured
cigarettes
packed
by
machine
and
taxable
at
the
rate
of
55%.
The
minimum
tax
shall
not
be
less
than
P5.00
per
pack.
The
registered
wholesale
price
per
pack
is
P7.50
but
the
actual
manufacturer's
wholesale
price
is
P8.50
per
pack.
COMPUTATION
Take
the
higher
amount
as
tax
base
which
is
P9.00
(P7.50
+
20%
thereof
constructive
manufacturer's
wholesale
price).
Note: Apply the higher tax in the computation of excise tax due
1,000 cartons multiplied by 10 packs/carton 10,000 packs 10,000 packs
P30.50/pack P305,000.00
It is enjoined that this circular be given as wide a publicity as possible.
LIWAYWAY VINZONS-‐CHATO